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AMENDMENT AND TERMINATION. The Board or the Committee may at any time amend, suspend, discontinue or terminate the Plan; provided, however, that no such amendment, suspension, discontinuance or termination shall adversely affect the rights of any Participant in respect of any Plan Year which has already commenced and no such action shall be effective without approval by the stockholders of the Company to the extent necessary to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)].

AMENDMENT AND TERMINATION. TheSubject to applicable laws, rules and regulations, the Board of Directors or the Committee may at any time amend, suspend, discontinue or terminate the Plan; provided, however, that no such amendment, suspension, discontinuance or termination shall adversely affect the rights of any Participant in respect of any Plan Year which has already commenced and no such action shall be effective without approval by the stockholdersshareholders of the Company to the extent necessary to comply with applicable laws, including to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. , or applicable rules of a stock exchange on which the Company’s shares are traded.

AMENDMENT AND TERMINATION.Amendment, Modification and Termination of the Plan. The Board or the Committee may at any time amend, suspend, discontinueterminate, suspend or terminatemodify the Plan; provided, however, that no such amendment, suspension, discontinuance or termination shall adversely affectPlan and the rightsterms and provisions of any Participant in respect ofBonus to any Plan YearParticipant which has already commenced and no such action shall be effective withoutnot been paid. Amendments are subject to approval byof the stockholdersshareholders of the Company to the extentonly if such approval is necessary to continue to qualifymaintain the amounts payable hereunder to Covered Employees as performance-based compensation under [SectionPlan in compliance with the requirements of Section 162(m)]. of the Code, its successor provisions or any other applicable law or regulation. No Bonus may be granted during any suspension of the Plan or after its termination.

AMENDMENT AND TERMINATION. TheAmendment and Termination. Notwithstanding [Section 6(a)], the Board or the Committee may at any time amend, suspend, discontinue or terminate the Plan; provided, however,provided that no such amendment, suspension, discontinuance or termination shall adversely affect the rights of any Participant inwith respect ofto any Plan Year whichcalendar year that has already commenced and no such action shall be effective without approval by the stockholders of the Company to the extent necessary to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. commenced.

AMENDMENT AND TERMINATION.Amendment and Termination. The Board or the Compensation Committee of the Board may at any time and from time to time modify, alter, amend, suspend, discontinue or terminate the Plan; provided, however,this Plan, except that no suchmodification, alteration, amendment, suspension, discontinuancediscontinuation or termination shall adversely affectmay materially impair the rights of a Participant under any Participant in respect of any Plan Year which has already commenced and no such action shall be effectiveIndividual Target Award theretofore granted without approval by the stockholders of the CompanyParticipant’s consent, except for an amendment made to the extent necessary to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. comply with applicable law, stock exchange rules or accounting rules.

AMENDMENT AND TERMINATION. TheAmendment and Termination. Notwithstanding Section 6(a), the Board or the Committee may at any time amend, suspend, discontinue or terminate the Plan; provided, however,provided that no such amendment, suspension, discontinuance or termination shall adversely affect the rights of any Participant inwith respect ofto any Plan Year whichcalendar year that has already commenced and no such action shall be effective without approval by the stockholders of the Company to the extent necessary to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. commenced.

AMENDMENT AND TERMINATION.Amendment. The Board or the Committee may at any time terminate, amend, suspend,alter, or discontinue the Plan, but no amendment, alteration or terminate the Plan; provided, however, that no such amendment, suspension, discontinuance or terminationdiscontinuation shall be made which would adversely affect the rights of anya Participant in respectunder an Award theretofore granted without the Participant’s consent, except such an amendment # made to avoid an expense charge to the Company or an Affiliate under applicable law or regulation, # made to permit the Company or an Affiliate a deduction under the Code, or # made to avoid the violation of any Plan Year which has already commenced and noSection 409A of the Code. No such actionamendment or alteration shall be effectivemade without the approval by the stockholdersof a majority vote of the CompanyCompany’s shareholders, present in person or by proxy at any special or annual meeting of the shareholders to the extent necessary to continue to qualifysuch approval is required by law, agreement or the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. rules of any stock exchange or market on which the Stock is listed.

AMENDMENT AND TERMINATION.Amendment and Termination of the Plan. The Board or the Committee may at any time and from time to time alter, amend, suspend, discontinue or terminate the Plan; provided, however, thatPlan in whole or in part. Additionally, the Committee may make such amendments as it deems necessary to comply with other applicable laws, rules, and regulations. Notwithstanding the foregoing, no such amendment, suspension, discontinuance or termination of the Plan shall affect adversely affectany of the rights of any Participant inParticipant, without such Participant’s written consent, with respect ofto any Plan Year which has already commenced and no such action shall be effective without approval by the stockholders of the CompanyBonus target theretofore established with respect to the extent necessaryParticipant (or any Bonus to continue to qualifywhich the amounts payable hereunder to Covered Employees as performance-based compensationParticipant has become entitled) under [Section 162(m)]. the Plan.

AMENDMENT AND TERMINATION.Amendment and Termination of the Plan. The Board or the Committee may at any time amend, suspend, discontinueterminate, suspend or terminateamend the Plan; provided, however, that no such amendment,Plan. The Company shall submit any amendment of the Plan to its shareholders for approval only to the extent required by applicable laws or regulations or the rules of any securities exchange on which the Shares may then be listed. No termination, suspension, discontinuance or termination shall adversely affectamendment of the Plan may materially impair the rights of any Participant in respect of any Plan Year which has already commenced and nounder a previously granted Award without the Participant’s consent, unless such action shall be effective without approval by the stockholders of the Company to the extentis necessary to continue to qualify the amounts payable hereunder to Covered Employees as performance-based compensation under [Section 162(m)]. comply with applicable law or stock exchange rules.

AMENDMENT AND TERMINATION.Authority to Amend or Terminate. The Board or the Committee may at any time amend, suspend,alter, suspend or discontinue the Plan, but no amendment, alteration, suspension or terminate the Plan; provided, however,discontinuation (other than an adjustment pursuant to Section 13 above) shall be made that no such amendment, suspension, discontinuance or termination shallwould materially and adversely affect the rights of any Participant in respect ofunder any Plan Year which has already commenced and no such action shall be effectiveoutstanding Award, without approval by the stockholders of the Companyhis or her consent. In addition, to the extent necessary and desirable to continuecomply with the Applicable Laws, the Company shall obtain stockholder approval of any Plan amendment in such a manner and to qualify the amounts payable hereunder to Covered Employeessuch a degree as performance-based compensation under [Section 162(m)]. required.

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